Refusal to issue a RESIDENCE CARD - EEA

[Cocoa]

Hello,

My residency card application for the UK has been refused (I applied under EEA law). I think the best would be to seek professional advise from an Immigration lawyer but in the meantime I would like to ask a few questions to get everything a bit clearer in my head.

Context:

The application was refused because there was not enough evidence that my EEA family member is exercising treaty rights in the UK. I sent my partner´s invoices, company's house registration certificate and bank statements.

My partner´s company is new (sole trader, so he is basically a self-employed person that set up a company and he is the only person working under his company). His company´s tax is due in March and therefore that is why we couldn't send information on this tax return.

Questions:

What could be the best option to carry on with trying to get the residency card:

1. Appealing
1.2 If I appeal, would I have to appeal from the UK or would I have to go to my country of residence?
1.3- Do I have to appeal in 5 working days or 10 working days? This depends on if I am on immigration detention - Does immigration detention means being in jail rather than in your home?


2. Submit a further application with the new evidence
2.1 Do I have a limited amount of time to do this - How many days?
2.2 A 'Further application' means a completely new application? or would I have to send all the refusal documents I received?
2.3 Can I send the application from the UK or would I have to go back to my home country?

3. Applying under UK law
3.1 According to the letter I received I can also apply under another Immigration Legislation. My partner also has a British passport but I am unsure if I can apply for a spouse visa instead as we were married in a Non-EEA country
3.2 In case I could apply under UK legislation, how long would I have to send this application? Could I apply from the UK or would I have to apply from abroad?

I look forward to your comments.

In addition please also share with me contact details if you are an immigration solicitor/lawyer based in London

[Obie]

Well, what evidence did you provide?

If you supplied sufficient evidence, accountant letter, evidence of registration, business account,'invoices to customer, then you should be fine. If they refuse, it may be worth appealing, if you indeed supplied enough evidence to establish self employment.

You have 10 working days to lodge an appeal.

You can ask for reconsideration if you choose not to appeal, and you have further evidence which has not been considered.

The other option is wait until you have gathered sufficient evidence to establish self employment, and then apply again, or get a medical insurance for yourself and the EEA sponsor and show that at the appeal, which may be quicker.

I wish you all the best. Try not to worry too much.

Just realised your partner is a British too, has he ever lived in another memberstate or has he always lived in the UK?

If you currently dont have leave to remain, you may not be able to apply from with the UK

[Cocoa]

Thanks for your reply.

We supplied invoices, company´s house registration, bank statements but not a letter from the accountant nor business accounts.

My husband is a dual Irish/British citizen: he was raised in Ireland but he has been living in the UK for nearly 20 years now.

I currently have a EEA Family Permit so I don´t have leave to remain. What worries me is having to appeal or re-apply from outside the UK. Me and my husband had to be apart before we got married and we wouldn't like to go through the same thing again it was terribly hard! specially because my home country is in Latin America ... really far away and it is impossible to visit frequently.

[Obie]

I will suggest you appeal the decision for sure.

You were issued an EEA family permit, you husband has been in the UK for over 20 years, i am sure he would have acquired Permanent Residence during that period, therefore, there is no need for him to be exercising Treaty rights.

[Help5]

Spot on Obie

You Should appeal

Employment rejection is just a excuse for UKBA to delay your application.
If your go to Court for Appeal with same evidence you will win and will get compensation of € 80

Best Regards

[Cocoa]

Thanks for all the advice.

Just to clarify:

We didn't send an accountant´s letter or the company accounts, we sent:
-Invoices
-The business promotional material
-Company´s house registration certificate
-Bank Statements
-Plus my husband has a property in London and he is renting it
-Utility bills

Could I appeal with this info plus additional documents: e.i a letter from the accountant and all the detailed business accounts this time?

My husband also has a British passport, would it be relevant to include this as well?

Last question:
Is it better to appeal at an Oral Hearing or On the Papers?

Thank you so much

[ravii]

As a self employed person,documents you submitted were not enough.you failed to proof that your partner is registered as a self employed person in HMRC.you have to sent at least National insurance contribution slip,and accountants letter or business bank statement...if your partner already have PR then you must have to sent this confirmation along with your application.
If your partner is British citizen then spouse visa is a good idea rather then re apply or appeal and then again long wait.

[Cocoa]

Thank you Ravii,

If I apply now for a spouse visa can I apply within the UK? or I would have to apply from abroad?

Also, we didn't receive my passport back with the letter and papers, they only sent my husbands passport. Is this normal? The letter says I should start making arrangements to leave.

[ravii]

There are some legal issues involve in your case.it is better to apply by post with all supporting documents in country I.e UK.as you are a family member of an EEA national and as per this status you are not illegal in uk at this time if your EEA national is a qualified person and it's totally up to you to choose which way you wants to go,i.g uk immigration rules or EU rules.

[Obie]

As i stated in the Private message and my previous post, your husband may already have obtained Permanent Residence, due to the length of time he has resided in the UK for. There might be no need for evidence of exercising treaty rights to be provided.

[Cocoa]

In case this helpful for anyone reading this post, we appealed and we won. The judge almost had an expression on his face like 'what are we doing here, this is so clear', we were not even 10 min in the room.

I did get an immigration barrister to go through everything and send all the paperwork for use just for piece of mind.

My EEA Residence card (5 years) expires next year but looking into applying for my PR before Brexit kicks in but my husband didn't have CIS for a period when he was self-employed but earned very little (so he was more like a self0sufficient person as he got a good settlement from a full time employment he decided to leave).

He kind of should have automatic permanent residence because of the long time he has lived here (about 25 years) but we'll see ... have to continue reading all the new changes and small print

[maxmath112]

You have just saved a life with all the update, because i have been going true similar situation for four years now my since July 2013 and i have been getting similar refusals response from the justice department.

My wife is a Slovakian and she has been living in Ireland for the past 10 years now, of which i have tried to applied for her Irish passport and it more or less they have granted her application because they have asked us to send her 2passports photograph and €950 for her Irish passport to be issued, At the time of my application in 2013 my wife is on job seekers allowance which this was this was the major reasons i have been rejected and now she has started working my question now is should i reapply again or i should appeal the letter please i need an advice.

Thanks you in advance.

[CR001]

You have just saved a life with all the update, because i have been going true similar situation for four years now my since July 2013 and i have been getting similar refusals response from the justice department.

My wife is a Slovakian and she has been living in Ireland for the past 10 years now, of which i have tried to applied for her Irish passport and it more or less they have granted her application because they have asked us to send her 2passports photograph and €950 for her Irish passport to be issued, At the time of my application in 2013 my wife is on job seekers allowance which this was this was the major reasons i have been rejected and now she has started working my question now is should i reapply again or i should appeal the letter please i need an advice.

Thanks you in advance.

If you are in Ireland and your question relates to an application for Republic of Ireland, kindly post in the Ireland sub forum further down the forum main page.

[maxmath112]

Yes my application is related to republic of ireland could you please send me any information or link related to irish immigration about my request thanks.

[CR001]

Yes my application is related to republic of ireland could you please send me any information or link related to irish immigration about my request thanks.

As I said, further down the main forum page but link below.
ireland/